Section 41906 - Evidence Required for Application of Statutory Exceptions to Non-Resident Tuition Classification(a) Any minor or eighteen-year-old student claiming application of the self-support exception pursuant to Section 68071 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to: documentation showing earnings for the year immediately preceding the opening day of the semester or quarter of attendance in the form of a statement from the employer or federal withholding form, a statement that the student has actually been present in California for said year (short durational stays away from the state are permitted), and a statement showing all expenses of the student for said year.(b)(1) A dependent natural or adopted child, stepchild or spouse of a member of the armed forces of the United States claiming residence status pursuant to Section 68074 of the Education Code shall provide the appropriate campus authority with the following documents: (A) A statement from the military person's commanding officer or personnel officer that the military person is stationed in California on active duty as of the residence determination date, and(B) A statement that the student is a dependent of the military person and was claimed as a dependent for federal income tax purposes.(2) A student dependent qualifying under this exception shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident. This exception shall continue to apply even though the member of the armed forces whose dependent is a student in attendance is either (A) transferred on military orders outside of this state and continues to serve, or is (B) retired as an active member of the armed forces.(c) A student claiming application of Section 68075 of the Education Code shall provide the appropriate campus authority with a statement from the student's commanding officer or personnel officer stating that the assignment to active duty in this State is not for educational purposes. The student shall also produce evidence showing the date of assignment to California.(d) A student claiming resident status pursuant to Section 68078 of the Education Code shall provide the appropriate campus authority with a statement from the employer showing employment by a school district in a full-time position requiring certification qualifications for the academic year in which the student enrolls. The student must also show that he or she holds a provisional credential and will enroll in courses necessary to obtain another type of credential authorizing service in the public schools, or that the student holds a credential issued pursuant to Section 44250 of the Education Code and is enrolled in courses necessary to fulfill credential requirements or is enrolled in courses necessary to fulfill the requirements, of the fifth year of education prescribed by subdivision (b) of Section 44259 of the Education Code.(e) A child, natural or adopted, or a spouse of a deceased California resident who, at time of death, was employed by a public agency whose principal duties for that agency were active law enforcement service or active fire suppression and prevention and who was killed in the performance of active law enforcement or active fire suppression and prevention duties or who died as a result of an accident or an injury caused by external violence or physical force, incurred the performance of active law enforcement or active fire suppression and prevention duties, claiming exemption from tuition pursuant to Section 68120 of the Education Code shall provide the appropriate campus authority with documentary evidence showing:(1) Legal relationship to deceased;(2) California residence of deceased at time of death;(3) Deceased was employed by a public agency at time of death;(4) Principal duties of deceased at time of death were active law enforcement service or active fire suppression and prevention service;(5) Principal duties of deceased were not clerical; and(6) Deceased was killed on duty as a result of an accident or an injury caused by external violence or physical force incurred in the performance of his or her active law enforcement or active fire suppression and prevention duties. The appropriate campus authority may request evidence to establish any other fact reasonably necessary to determine eligibility for exemption from tuition.
(f) Any minor or eighteen-year-old student claiming application of the care and control exception pursuant to Section 68073 of the Education Code shall provide evidence to the appropriate campus authority including, but not limited to, evidence of living for two years with, and under the direct care and control of, an adult or adults, other than a parent, and evidence of domicile of such adult or adults.Cal. Code Regs. Tit. 5, § 41906
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 7.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
4. Editorial correction of Reference cite (Register 95, No. 9).
5. Amendment of subsections (e) and (e)(6) and amendment of NOTE filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36). Note: Authority cited: Sections 68044 and 89030, Education Code. Reference: Sections 68071, 68073, 68074, 68075, 68078 and 68120, Education Code.
1. Amendment filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). For prior history, see Register 74, No. 7.
2. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
3. Amendment filed 8-13-85; effective thirtieth day thereafter (Register 85, No. 33).
4. Editorial correction of Reference cite (Register 95, No. 9).
5. Amendment of subsections (e) and (e)(6) and amendment of Note filed 7-19-2004; operative 7-19-2004. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2004, No. 36).